Agenda  67 6r  Town Council Meeting = October 24, 2024 Held at Mills River Elementary School  MILL IVER  CALLTO ORDER: 6:30 p.m. APPROVAL OF AGENDA COUNCIL COMMENTS STAFF UPDATES A. Deputy Town Clerk B. Planning Director . Town Manager PUBLIC COMMENTS CONSENT AGENDA  Mayor Gonce Mayor Gonce  A. Adoption of the Minutes- October 10, 2024 Regular Meeting C. Cancellation oft the November 7, special called, meeting of Town Council  B. Adoption of Ordinance 2024-18, 2024 Hurricane Helene Disaster Response Grant Project Ordinance D.Approval of Amendment to Lease Agreement with Bradley Johnston and authorize Town Manager to sign it.  REGULAR AGENDA  A. Consider Adoption of Resolution 2024-11, Temporarily Lift Restrictions on RV/Camper Occupancy  B. Public Hearing for R-24-02, Rural Residential large scale rezoning  OTHER BUSINESS ADJOURN    Town of Mills River Regular Meeting of the Town Council Thursday, October 10, 2024  Mills RiverTown Council met on Thursday, October 10, 2024 at 6:30 PMI in Mills River Town Hall. The public was allowed to attend in-person or watch via internet streaming. Mayor Shanon Gonce called the meetingto order and ledi the Pledge  of Allegiance. Council present:  Mayor Shanon Gonce Council member Sandra Goode Council member James Cantrell Council member Chae Davis Mayor Pro Tem Jeff Young Town Manager Matthew McKirahan Deputy Town Clerk Patty Brown Finance Director/Town Clerk Sue Powell Tax Collector Aurelie Taylor Planning Director Michael Malecek Parks and Recreation Director Nicole Sweat Planning Technician Kevin Webb Deputy Tax Collector Kristen Rintoul  Absent: Staff Present:  Council member Goode made amotion to approve the agenda as presented. ty was seconded by Council member Davis. Itp passed unanimously.  COUNCIL COMMENTS =  Council member Goode thanked Mills River Town Manager and Staff, Mills River Fire Department, Henderson County Sheriff's Department, residents, and volunteers for the response in Hurricane Helene relief efforts. Itwas what Mills River is all about, neighbors helping neighbors to overcome the devastation brought by the storm. She exampled an elderly resident without power for 6 days that was helped by a local church to get the assistance he needed. Ms. Goode also reminded everyone about the candidate forumhosted by the League of Women Voters on October 13 from 2:30 pm to 4 pm at the Mills River Community Center. Council member Cantrell echoed the comments in expressing his thanks to the Council member Davis also expressed sentiments of gratitude, mentioning that rescue staff and volunteers were away from their families during this situation to  community for coming together.  1    care for the community. The Mills River Fire and Rescue Ladies Auxiliary was wondertulinproviding: support toi the Fire Department personnel and families. Ms. Davis also reminded Council when the Brown Ridge discussion comes up in the agenda, she is seeking to recuse herself, due to a conflict of interest. Mayor Gonce praised first responders, staff, and citizens, who all went above and beyond in caring for the community during the storm and the aftermath of the  disaster. STAFF UPDATES  A. Finance Director/Town Clerk - no update  B. Tax Collector- no update  C. Parks and Recreation Director- offered comments of thanks to the community and amazing volunteers in relief efforts, as well as updates on park cleanup D. Planning Director - noted two road closures due to damage from Hurricane 1 Town Manager- thanked Council, staff, partner organizations, and volunteers for stepping up to meet the needs of the Mills River community during and  and reopening. Helene.  after Hurricane Helene. PUBLIC COMMENTS-  Darryl Fullum- emailed comment- was presented to Council Jennie Sealy, 94 Claras Trail- offered thanks, expressed concern overaroad closure, requested an emergency radio station, worried about over development, asked for a moratorium to slow development. Buster Brown, 232 Brown Ridge Road- wants affordable housing and land Jim Foster, 43 Double Oak Court- spoke against development. Jeff Moore, 128 Schoolhouse Road- proud of the Mills River community, gave a shoutout to local businesses, individuals, community organizations, and NCDOT for the teamwork in Hurricane Helene disaster relief. Joe Brittain, Old Tumpike Road- thanks to everyone who provided disaster relief, mentioned the Mills River Farm Market is open through the end of  rights.  October.  2    CONSENT AGENDA  A. Minutes- September 12, 2024- Regular Meeting  Council member Davis made a motion to approve the consent agenda C as presented. The motion was seconded by Council member Goode and the  motion passed unanimously.  REGULAR AGENDA  A. Relief efforts in the aftermath of Hurricane Helene  Mr. McKirahan, Interim Mills River Fire Chief Scott Burnette, and Henderson County Sheriff's Office Sergeant Jim Player presented a power point of relief efforts from  Hurricane Helene. No action was taken by Council.  B. Presentation by UDO Consultant  Chad Meadows and Karen Mallow of CodeWright Planners provided an overview of the UDO (Unified Development Ordinance) process through a presentation. C. Presentation by Applicants for Brown Ridge Conditional Rezoning  No action was taken by Council.  Kyle Whitaker and Jesse Swords provided a presentation on the request for conditional rezoning of the Brown Ridge Multifamily development. Handouts were also distributed to Council by the applicants. No action was taken by  Council.  D. Tax Collector Report taken by Council.  Ms. Taylor presented the 2024 Property Tax Collections report. No action was  E.F Financial Dashboard- Quarter ending September 30  Ms. Powell presented the Financial Dashboard. Mr. McKirahan noted that uncommitted fund balance helps in emergency situations. There will be rebuilding expenses from the hurricane. No action was taken by Council.  3    F.Setting a Public Hearing for R-24-01, Brown Ridge Development Conditional Council member Goode made ar motion to set the public hearing for R-24-01, the Brown Ridge Conditional Rezoning for Thursday, November 7 at 6:30 p.m. The motion was seconded by Council member Cantrell and passed  Rezoning  unanimously.  G. MOU with Henderson County Public Schools, Resolution 2024-10  Council member Davis made a motion to adopt Resolution2024-106 and theN MOU with Henderson County Public Schools as written, authorizing the Town Manager tos sign it. The motion was seconded by Council member Cantrell and passed  unanimously. Reasondbleness  H. Denial of R-24-03, Statement of Consistency and Statement of  Mr. Malecek presented his Staff Report "Denial of Request for Rezoning (R-24- 03)". Council member Davis made the motion the Mills RiverT Town Council finds the proposed zoning map amendment, R-24-03, isr not consistent with the Town's Making Mills River 2040 Comprehensive Plan and Future Land Use Vision Map and adopts the Statement of Consistency as presented. She also included in the motion the Mills River Town Council finds the proposed zoning map amendment, R-24-03 is not reasonable and not in the public interest and adopts the Statement of Reasonableness as presented. Council member Cantrell I.R Reappointments: Board of Adjustment, terms ending November 18, 2024 Council member Davis made a motion to table the reappointments to the Board of Adjustment until the November 14 meeting. Council member Cantrell  seconded the motion and it passed unanimously.  seconded the motion and it passed unanimously.  4    Other Business = Council member Goode made a motion to hold a special meeting on November 7 at 6:30 pm to hear the public hearing for R-24-01. The motion was seconded by Council member Cantrell and passed unanimously. Town Council adjourned on the motion of Council member Davis and seconded  by Council member Cantrell at 9:33 pm.  Respectfully Submitted:  Approved:  Patty Brown, CMC, NCCMC Deputy Town Clerk  Shanon Gonce Mayor  5    ORDINANCE: 2024-18  2024 HURRICANE HELENE DISASTER RESPONSE  GRANT PROJECT ORDINANCE  BE IT ORDAINED by the Town of Mills River Town Council that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance Section I. The project authorized includes the Town of Mills River's FEMA Public Assistance Disaster Recovery Project known as "2024 Hurricane Helene Disaster Response" (FEMA DR- 4827-NC) that will be reimbursed by the Federal Emergency Management Agency (FEMA) Section II. The Town Council oft the Town of Mills River hereby directs the Town Manager and his designee(s) to proceed with the federal assistance project within the terms of the rules and regulations of the FEMA Public Assistance grants and the budget contained herein. Section III. The following revenues are anticipated to be available to complete the project:  isl hereby adopted:  Public Assistance Program.  FEMA Public Assistance  $250,000.00  Section IV. The following amounts are appropriated for the project:  Debris Removal and Facility Repairs  $250,000.00  Section V. The Finance Director is hereby directed to maintain sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant Section VI. Funds may be advanced from other Town of Mills River fund accounts for the purpose of making payments as due. Reimbursement requests should be made to the grantor Section VII. The Finance Director is directed to report as requested on the financial status of the project element in Section IV and on the total revenues received or claimed. Section VIII. The Finance Director is directed to provide an analysis of costs and revenues on Section IX. Copies of this Project Budget Ordinance shall be made available to the appropriate  agreement, Federal and State regulations.  agency following the regulations and rules oft the grant.  this project as requested by the Council.  personnel for direction in carrying out this project.    ORDINANCE 2024-18  This ordinance shall become effective upon adoption and shall expire when final FEMA reimbursements are received related to FEMA Disaster DR-4827-NC.  Adopted this 24th day of October, 2024.  Shanon Gonce Mayor  Attest:  Susan L. Powell, MMC, NCCMC Finance Director/Town Clerk    STAFF REPORT Title: Speaker: Prepared by: Discussion  Town Council, Thursday, October 24, 2024  Cancellation ofNovember 7 Special Called Meeting ofTown  Council  Matthew McKirahan, Town Manager  Administration  On October 10, 2024, Council approved a special meeting for November 7, 2024 for the purpose of conducting the R-24-01, Brown Ridge rezoning public hearing. The applicant requests aj postponement of the November 7,2024 special meeting and public hearing until af future date as yett to be determined by Council. The applicant requests this postponement, inj part, due tot the recent events surrounding the aftermath ofTropical Storm Helene and to provide more time for Council to submit questions and requests to  the applicant prior to the public hearing.    STAFF REPORT Title: Speaker: Prepared by: Discussion  Town Council, Thursday, October 24, 2024  Approval LofAmendmenti to Lease Agreement with) Bradley Iohnston and Authorize Town Manager to Signi it. Matthew McKirahan, Town Manager  Administration  In March 2024, the Town Council entered into a lease agreement with Mr. Bradley. Johnston fora an unimproved portion ofTown-owned real property described as PIN 9641140122 and 9641137972 in the tax records for Henderson County, NC. The purpose oft the lease was for Mr. Johnston to continue farming operations on portions of the 69.5: t acres. The As the Town of Mills Rivera and the surrounding community continues its recovery and rebuilding efforts, the County of Henderson requested suitable public, community-focused sites for municipal storm debris collection. In an effort to meet that request, the' Town approached Mr. Johnston with amended lease terms for thej property, ofwhich Mr. The amended lease agreement, as presented, outlines three changes:  original lease term ended on March 1, 2025.  Johnston was amenable.  1) The term of thel lease agreement: shall be eight months, ending on November1, 2) Thel lease is modified to provide that thet total amount of fixed rent is the amount of $3,166.67, and $3,166.67 shall be the total amount off fixed rent payable by Mr. 3) Section 6, titled "Conservation Practices," is amended to remove the sentence "After completing harvest ofhis main crop, Tenant shall plant a cover crop in all flood plain  2024. Johnston.  areas oft the Property."  Recommendation and authorize him to execute it.  The Town Manager recommends that Town Council approve the amended lease agreement    STATE OFI NORTH CAROLINA COUNTY OF HENDERSON  AMENDMENT TO: LEASE. AGREEMENT  This Amendment to Lease Agreement is made this the Town ofMills River (Landlord) and Bradley A. Johnston (Tenant), WHEREAS, the parties hereto entered into a Lease Agreement on providing for the Tenant tol lease certain real property from Landlord:  day of October, 2024, by and between the  2024, (the "Lease")  WHEREAS, the term oft the lease term began on March 1,2024, and would terminate onl March 1,2025; WHEREAS, the situation oft the parties and the real property subject to the Lease have changed, and the  parties have agreed to amend and modify thel Lease to accommodate the current circumstances.  ITI IS THEREFORE AGREED as follows:  1. Paragraph 1 of the Lease is modified and shall, instead, provide that the term of the lease shall be eight (8) months, commencing onl March 1,2024 and ending on November 1,2024. The term oft this lease and the Tenants right toj possession and control of the real property subject to the lease shall terminate onl November: 1,2024. 2. Paragraph 2 of the Lease isi modified to provide that the total amount of fixed rent is the amount of 3. Paragraph 6 of the Lease is modified to delete the last sentence oft this paragraph in its entirety. 4. Except as explicitly modified herein, the terms and provisions oft the Lease are ratified and shall continue  $3,166.67, and $3,166.67 shall be the total amount of fixed rent payable by Tenant.  ini full force and effect.  This the day and year first above written THE TOWN OF MILLS RIVER, Landlord  By: Attest:  Matthew McKirahan, Town) Manager  Bradley A. Johnston, Tenant  Susan L. Powell, Finance Director/Town Clerk    STAFF REPORT Title: Speaker: Prepared by: Discussion  Town Council, Thursday, October 24, 2024  Consider Adoption of] Resolution 2024-11,A Resolution to Temporarily Lift Restrictions on RV/Camper Occupancy  Matthew McKirahan, Town Manager  Administration  The impacts resulting from Tropical Storm Helene caused significant damage to structures and property across our region and in the' Town of Mills River. Many people in Western North Carolina are displaced as al result oft these devastating impacts. In an effort to aid Town of Mills River residents ini their rebuilding and recovery efforts, Resolution 2024-11 seeks to temporary! lift Town of Mills River Code of Ordinances $152.04 0) and $154.114 foraj period oft twelve months. Below are the Code of Ordinances, for reference:  $152.04) Prohibitions and sewerage connections. $154.114 Recreational Vehicles  0) Use of aj recreational vehicle as a primary residence without permitted electric, water,  Recreational vehicles may be used as a temporary single-family dwelling onlyi in those districts that permit recreational vehicle parks and then only within the parks. Ini no case shall a recreational vehicle be used as a single-family dwelling on an individual lot or in conjunction with aj primary residence on ani individual lot, except as provided in S  154.179(D).    Resolution No. 2024-11  TOWN OF MILLS RIVER  RESOLUTION TO TEMPORARILY LIFT RESTRICTIONS ON RV/CAMPER OCCUPANCY  WHEREAS, thei impacts of the recent Hurricane Helene caused devastating and catastrophic damage in our region; WHEREAS, thei impact from thes storm has caused many people of Western North Carolina to become displaced; and WHEREAS, $152.04 (J) and $154.114 of the Town of Mills River Code of Ordinances severely limits occupancy ofa NOW THEREFORE, BE ITI RESOLVED by the Mills River Town Council that $152.04 () and $154.114 of the Town of Mills River Code of Ordinances be temporarily lifted for a period of twelve (12) months sot that those displaced byt the storm  and  camper or RV;  may occupy a camper or RVifr needed.  ADOPTED thist the 24th day of October, 2024  Shanon Gonce Mayor  ATTEST By:  Patty Brown, CMC, NCCMC Deputy Town Clerk    STAFF REPORT Title: Speaker: Prepared by: Approved by: Background  Town Council, Thursday, October 24, 2024  Public Hearing - R-24-02, Town Initiated Rezoning ofMixed Use Districti in Southwest Mills River to Rural Residential District  Michael Malecek, Planning Director Planning & Zoning  Matthew McKirahan, Town Manager  Att the April 2, 2024 Planning Board meeting, members directed stafft to initiate aj rezoning of thel Mills River Mixed Use (MR-MU) zoned areas in southwest Mills River, as defined by the Staff presented the rezoning and new Rural Residential zoning district concepts to Council at the April 11,2024 meeting and asked fori informal feedback. Council adopted the Rural Residential district into the: zoning code at the June 13, 2024 meeting in anticipation ofthis The Planning Board scheduled a special meeting for July 23rd specifically to provide an opportunity for public input regarding the rezoning. Staff mailed more than 1,000 postcards to each unique property owner: in the rezoning area. Thej postcard advertised the July special meeting and also included al link to the Town website with more information. The Planning Board considered the rezoning at the. August 6, 2024 meeting, and after taking additional public comment, voted unanimously: to recommend approval oft the rezoning to Council, finding it to be consistent with the Town's comprehensive plan. Staffcompleted public notice requirements for this large-scale rezoning using the expanded published notice requirement since more than 50j properties are within the rezoning area. Four legal advertisements of the hearing appeared in the Hendersonville Lightning on October 2nd,9th,16th,: and 23rd, with the final two ads beinga a half-page in size. Att the direction of Council, staff also sent more than 1,000 public hearing notice letters via first-class mail tot those ini the rezoning area. Twoj public notice signs were also posted at opposite ends of the rezoning area along Boylston Highway (NC-280) - one at Old' Turnpike Rd. and one at Brickyard Rd. The MR-MU zoning district is intended to allow all uses (excluding hazardous waste facilities, radioactive waste facilities, and adult establishments), but to regulate specific uses to mitigate neighborhood impact on: residential areas ofthe' Town. This zoning district has no list ofp permitted uses, therefore any proposed use noti identified for additional standards, ora special use] permit process is allowed with a zoning permit and staff review of plans. Additionally, the Mixed Use district has no building set-back requirements for residential  attached rezoning area map.  rezoning.  Discussion  structures, including single-family homes ini major subdivisions.    Uses permitted with standards in Mixed Use: zoning include vehicle graveyards and mobile/manufactured home graveyards. Uses governed by other ordinances are: manufactured home parks and communication towers. Wind turbines, solid waste facilities, junkyards, heavy industry, tiny home parks, park model parks, recreational vehicle parks, and similar uses are allowed with a major special use permit. The full standards and list of uses for the MR-MU Thej purpose oft the Rural Residential (MR-RR): zoning district is to facilitate orderly development in rural areas not well served by publicutilities where the primary uses ofland ares single-family residential on large lots, agricultural, and rural light commercial uses. This districti is meant to allow uses compatible with the Town's rural areas while also maintaining the rural and small-town character oft the community. The full standards and list of uses for the  zoning district is included as Attachment A.  MR-RR: zoning district is included as Attachment B.  Policy Analysis  This rezoning is consistent with the Making Mills River 2040 Comprehensive Plan and Future Land Use Map (FLUM), which designates the majority of parcels int the rezoning area as Rural Agricultural. This future. land use category identifies desirable uses as) parks and public space, trails and recreation, agriculture, and estate lots. Acceptable future land uses are civic and community, schools, and single-family residential. Not desirable future land uses are: industrial, commercial, and multifamily. This isi in alignment with thej permitted uses allowed int the Rural Staffoverlaid the' Town'szoning map and future land use map: and looked at the areas of inconsistency where Mixed Use zoning overlaps with the Rural Agricultural future land use designation. These areas total to approximately 12.5 square miles, which is about 57% ofthe There are: some parcels along Boylston Highway between Hunters Ridge Rd. and Goldmine Rd. that are designated the Commercial Crossroads future land use category ini the Town's FLUM. This futurel land use category is intended to promote retail and services in the rural area of Mills River that is south on Boylston Highway. Desirable uses are: identified as retail and services. Acceptable uses include civic and community, parks and public space, trails and recreation, schools, restaurants, and agriculture. While the Rural Residential zoning districti is less in alignment with the Commercial Crossroads future land uses, Rural Residential zoning still allows for some oft these uses viat the minor special use permit process. A draft: statement of consistency is attached for Council's consideration for approval or denial ofthe rezoning (Attachment H &1 I).A draft reasonableness statement: is attached for Council's consideration for approval or denial ofthe rezoning (Attachmentj&K).  Residential zoning district.  Town'st total jurisdiction of22 square miles.  Recommendation  The Planning Board unanimously recommended approval ofthis rezoning request ati its meeting on. August 6, 2024, due to consistencies with the Making Mills River: 2040 Comprehensive Plan and Future Land Use Vision Map. (Attachment! L) Staffr recommends approval ofthis rezoning request due to consistency with the Making    Mills River 2040 Comprehensive Plan and thel Future Land Use Vision Map. Staff specifically find the request consistent with Goal 1; Objective 1.1, Policy 1.1.1, Policy 1.1.2, and Policy 1.1.3;  Objective 1.4, Policy 1.4.5; and Objective 2.3,1 Policy 2.3.1.  Town Council's options are: as follows: 1. Approve the rezoning; 2. Table for additional consideration; 3. Deny the rezoning. ofthe governing board's decision. Attachments A. MR-MU Uses B. MR-RR Uses Current Zoning Map D. Map of Rural Residential Rezoning Area E. 2040 Future Land Use Vision Map F. Future Land Use Categories G. Future Land Use By Category Chart H. Draft Council Statement of Consistency for Approval I. Draft Council Statement of Consistency for Denial Draft Council Statement of Reasonableness: for Approval K. Draft Council Statement of Reasonableness: for Denial L. Planning Board Consistency Statement & Recommendation N. Certificate of Mailing Public Notice Letters  Town Council must adopt a Statement of Consistency and Statement of Reasonableness. as part  M. Public Notice Timeline    ATTACHMENTA  $1 154.066 MR-MIXED USE DISTRICT.  Thel MR-Mixed Use District is established to allow all uses (excluding hazardous waste disposal facilities and radioactive waste disposal facilities and adulte establishments )but tor regulate certain uses so as to ensure that neighborhood impact is mitigated. The neighborhood impact from the uses listed below willl be mitigated through the use of minimum specific site standards combined with general standards which provide the flexibility toi impose al higher level of specific site standards (A) Minimum residential lot size. Inl keeping with thei intent to enhance and protect the rural character of Mills River, residential lot sizes shall be nol less than 30,000 square feet pers single-family dwelling. This minimum lot size shallr not apply toe existing residential lots nor residential lots which) have been platted andi recorded with the Henderson County Register of Deeds as of31 July 2004. In cases where the Watershed Protection Ordinance requires al larger lot size, thel Henderson (B) Maximum residential density. In keeping with the intent to enhance and protect ther rural character of Mills River, residential density shall note exceed 1 dwelling unit per 30,000 square feet ofl land for detached single-family dwellings. This density requirement shall not apply to multi-family developments, tiny home parks, park model parks, RV parks, and manufactured home parks, which may note exceed 4 dwelling units per acre, per SS 154.082, 154.086 and 154.067. (C) Definitions. Thet following definitions are applicable int this S 154.066 andi in other sections of this chapter only as ACCESS ROAD CORRIDOR. Ap private passageway containing a road, street, driveway, and the like, that provides the principal means of direct vehicular entry and/or exit between a regulated use and ap paved, publicr road, street or highway. An access road corridor shall be located entirely on the subject property or on an easement appurtenant. An access road corridor shall contain a clear and unobstructed travelway, except for any necessary security gates, andshall have a BUFFER. A continuous strip ofl land, measured from the property lines orf from anys street bordering or traversing the property (whichever is closer tot the principal use or building ), iny which no development orprincipal use may occur, but which may contain screening, fencing, interior service roads noti intended for patron use,principal use signs, business signs and gate or security houses. Access road corridors may cross the buffer ate entrance and exit points only. EXTREMELYHAZARDOUS FACILITY. Anyi industrial facility that stores, handles, processes or manufactures any material, substance or product that is considered to be a Class 1 explosive; a Class 2, Division 2.3 gas (gases toxic by inhalation); a Class 61 toxic material ori infectious substance; or a Class 7 radioactive substance or material, all as classified EXTREMELYHAZARDOUS SUBSTANCE. Any material, substance or product that is considered tol be a Class 1 explosive; a Class 2, Division 2.3 gas (gases toxic byi inhalation); a Class 61 toxic material ori infectious substance; or a Class 7radioactive substance or material, all as classified by thel United States Department of Transportation Hazard HEAVY NDUSTRY. Anyi industrial use establishment thati is an extremely hazardous facility as defined in S 154.066(A) oft this chapter, ori is al large quantity generator of hazardous waste as that term is defined by the North Carolina Department of Environment and Natural Resources. Specifically excluded from this definition are those establishments that are not extremely hazardous facilities that operate in an enclosed building (s) ors structure (s)! having a total gross floor area ofl less SETBACK.. A continuous strip ofl land, measured from thep property lines or from any street bordering or traversing the property (whichever is closer tot the principal use or building )in which noprincipal structure is permitted. Limited development, including buffers and related development, parking lots and accessory structures and buildings, access road (D) Uses allowed by right. All uses are allowed byr right in the MR-Mixed Usel District unless otherwise regulated by this section or other parts of the Mills River Town Code. All uses must secure a: zoning compliance permit from the Town of Mills River before beginning land disturbance or construction, to ensure that all Town permitting requirements are met. (1) Accessory: structures and! buildings of all uses allowed by right int the MR-Mixed Use District are exempted from (E) Uses governed by other ordinances. Within the MR-Mixed Use District the following uses will be allowed but will be (1) Manufactured home parks: subject to compliance withChapter 151 of the Mills River Town Code, as may be (2) Communication towers: : subject to compliance withChapter 152 of the Mills River Town Code, as may be  dependent upon the degree ofr neighborhood impact.  County' Water Supply Watershed Ordinance shall prevail.  specifically statedi int the other sections:  minimum vertical clearance of a least 131 feet, 6i inches.  byt the United States Department of Transportation Hazard Classification System.  Classification System.  than 30,000 square feet; and those uses listedi in S 154.066(G)1)a)t through (k).  corridors, and interior service roads, may occur within the setback.  those regulations contained in S 154.112.  entirely governed by the specified ordinances adopted byt the Mills River Town Council:  amended. amended.  (F) Uses permitted with standards. (1) Thef following uses shall be permitted with standards: (a) Vehicle graveyards (See S 154.087).    ATTACHMENTA  (b) Moble/manulactured home graveyards (See S 154.087).  (2) Uses permitted with standards shall require a: zoning permit from the Zoning Administrator.  (3) Solar panels shall be allowed as a secondary use as defined int this chapter. They shall not be allowed in front yards except by Minor Special Use Permit as approved! by the Board of Adjustment. Application for a special use permit shalli include justification for why the panels must be placed int thet fronty yard ands show that there is no practical alternative. Solar panels shall be subject to the setback requirements for structures ine each district. Stand-alone solar panels shall be limited to 101 feet in height. Solar panels attached to buildings shall be extend more than 5f feet above the building. Stand- alone solar panels that are secondary usest tor residential uses shall not be required tol buffer. Stand-alone solar panels that are: secondary uses to commercial uses shall be required top plant al buffer strip along side and rear property lines as defined int thez zoning definitions. Residential panels shall not produce more than 150% oft thep power required for the site. (4) Wind turbines shall be allowed in all districts under al Major Special Use Permit under S 154.138. Windt turbines shall be required to have a setback from all property lines of 2t times thet fall radius oft the wind turbine.  (G) (Reserved) (H) Special uses.  (1) Thei following special uses shall be permitted int the MR-Mixed Use District under al Major Special Use Permit, subject to thel Mills River Town Council finding that both the general site standards stated ins S 154.138 and those specific  site standards listed in S 154.087, ifa any, willl be met: (b) Solid waste management facilities. (c) Mining and extraction operations. (d) Concrete plants. (e) Asphalt plants. (f) Junkyards. (g) Motor sports facilities. (h) Slaughtering plants. () Amusement parks. () Chip mills. (k) Heavy industry.  (a) Incinerators.  () Tiny home parks, park model parks, recreational vehicle parks.  (2) Iti is expressly acknowledged that the above-referenced uses will nota adversely affect the health or safety of persons residing or workingi int the neighborhood oft the proposed use and willr not be detrimental tot the public welfare ori injurious to property or publici improvements in the neighborhood: as long as the site standards as specified ins S 154.087 andt the general  site standards as specifiedi in S 154.138(D): are met.  () Prohibited uses. The following uses shall be prohibited int the MR-Mixed Use District: (1) Hazardous waste disposal facilities, unless preempted pursuant to G.S.S1 130A-293. (2) Radioactive Waste Disposal Facilities, unless preempted pursuant to G.S.S1 104E-6.2. (J) Expansion anda alteration of certain uses int the MR-Mixed Use District.  (3) Adult establishments.  (1) Uses having aspecial use permit. Thet following requirements apply to those usesl listedi in S 154.066(G) which receive a special use permit aftert the effective date ofaz Zoning Map oft the Town of Mills River amendment applying the (a) Alteration ofa use (without physical expansion). Alterations oft the operations of a use shalll be allowed as long as the alterations do not violate any specific standards of this chapter (see S 154.087), general standards of this chapter (see S 154.138) or conditions of the special use permit. Ifa an alteration would resulti int the violation of any specific standards oft this chapter (see S 154.087), general standards of this chapter (see $154.138) or conditions oft thes special use permit, an amendment to the special use permit shall ber required, otherwise the alteration will be deemed a violation oft this chapter. This subsection shall not be deemed to allow a use to change to another use listedi in S 154.066(G) without applying fora new special use permit. Alterations of operations shall include, but not be limited to, increases in productivity: arising from (b) Physical expansion ofau use. A use may expand its facilities without any additional restrictions and without securing an amendment to the special use permit ift thes specific standards oft this chapter (see S 154.087), general  MR-Mixed Use District in the applicable area:  the addition of equipment, the addition of employee shifts or the change ofr means and methods.    ATTACHMENTA  standards oft this chapter (see S 154.138), or the conditions oft the permit, ifany, willr not be violated andi ift thet total size of thes structures or areas devoted tot the principal uses after the proposed expansion would noth be increased by more than 10%. Notwithstanding thef foregoing, no use may expand in accordance with thet terms oft this exception on more than 2 occasions without securing an amendment tot the: special use permit. All other expansions will require an amendment tot the special use permit. If any condition oft the special use permit will be violated by a proposed expansion toi facilities, ort the proposed expansion will resulti in more than 26 expansions to facilities pursuant to the exception contained herein above, or thee expansion results in thet total size of the structures or areas devoted tot the principal use being expanded by more than (2) Uses for which aspecial use permit was not required when established. Fort those uses of thes same type as those listedi in S 154.066(G) constructed ore established after the effective date ofa a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District in the applicable area, which did not require a: special use permit whent the use was constructed ore established, any expansion or alteration to the operations, or any expansion or alteration to the structures or areas devoted to thep principal use, which bring the use within the definition for those uses listedi in S 154.066(G): shall require as special use permit. The entire use, including but notl limited tot the expansion or alteration, shall (3) Preexisting uses. Fort those uses oft thes same type as thosel listed in $154.066(G) constructed or established before the effective date of a Zoning Map of the Town of Mills River amendment applying the MR-Mixed Use District int the (a) Alteration ofa a use (without physical expansion). Alterations oft the operations of a use oft the type listedi ins 154.066(G) shall be allowed without as special use permit ift the use did not meet the definition of1 1 oft the uses listedi in S 154.066(G) when constructed or established, and the alteration does noth bring the use within the definition: for 1 of the uses listedi in S 154.066(G). If, however, the alteration will bring the use within the definition of1 oft the uses listedi in $54.066(G), then a special use permit shall be required. Once as special use permiti is obtained for a preexisting use, however, further (b) Physical expansion ofa use. Expansions oft thet facilities for uses of the type listedi in $154.066(G): shall be allowed without a special use permit ift the use would not! have met the definition of one of the usesl listedi in S 154.066(G) when constructed or established, and the expansion does not bring the use within the definition for one of the uses listed in $1 154.066(G). If, however, the expansion will bring the use within the definition of one oft the uses listedi in $54.066(G) or the use would have met the definition of one oft the uses listedi in S 154.066(G) when constructed ore established, then a special use permit shall be required. Once a special use is obtained for a preexisting use, however, further expansions (c) Applicable standards. Notwithstanding any provisions oft this chapter, alterations or expansions to uses required to obtain as special use permit pursuant to this S 154.066(1)(3)! [whether or not they are later governed by $154.066()1)(a) or $154.066/X1Xb): above] shall be required to meet the specific site standards listedi in S 154.087 to the extent possible for the expanded or altered portion oft thet facility or operation only. Anyt the alteration or expansion shall be required tor meett the general standards listedi in S 154.138 with or without conditions imposed by thel Mills River Town Council as allowed byt this chapter. The conditions mayi include, butr not be limited to, imposition of specific site standards oft the types listedi in S 154.087. Notwithstanding anything herein tot the contrary, development occurring around ap preexisting use willr not affect the (K) Subsequent events. Events occurring subsequent tot the date of an application for a special use permit for those uses int the MR-Mixed Use District requiring the permit, including butr not limited tot the location ofa al health-care facility or school within the stated separation or a change int the residential density, shall not operate toi invalidate the permit or affect the ability oft the use to alter or expandi its facilities or operations. In addition, development occurring around aj preexisting use or a use for which as special use permit was not required when established will not affect the ability oft the use to alter or (L) Dimensional requirements nonresidential. Within the MR-Mixed Use District, as shown on the Zoning Map of the (1) Maximum building size: 15,000 square feet. Public Schools as defined in S 154.007(B): are exempt from this  10%, then the expansion will be deemed a violation oft this chapter.  be required to comply with all applicable standards int the MR-Mixed Use District.  applicable area thei following requirements shall apply:  alterations shall be governed by S 154.066()(1)(a). above.  shall be governed by S 154.066(1)(b): above.  ability oft the use to alter ore expandi its facilities or operations.  expandi its facilities or operations.  Town of Mills River, the following dimensional requirements shall be met:  provision for building size maximum. (2) Maximum building height: 401 feet.  (3) Minimum fronty yard setback from major street: 751 feet. 2 (4) Minimum front yard setback from all other streets: 601 feet. (5) Minimum rear and sidey yard setback: 301 feet. (M) Buffer /screening requirements.  (1) Whenever any non-residential MR-Mixed User rear and/or side property line abuts upon a residential use with no intervening: street or highway or natural buffer, any buildings orp parking area used for non-residential shall be screened with (2) In all other cases, usesi int the MR-Mixed Usel District shall comply with applicable landscaping and screening  al buffer strip along the property line(s) as definedi in S1 154.007(B). requirements in the Town of Mills River Landscape Ordinance.    ATTACHMENTA  (Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21- 2006; Am. Ord. 00066, passed 4-28-2011; Am. Ord. 00080, passed 5-23- 2013; Am. Ord. 2018-03, passed 3-8-2018; Am. Ord. 2018-10, passed 11-8-2017; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2024-03, passed 4-11-2024)    ATTACHMENTB  $154.065 MR-RR, RURAL RESIDENTIAL DISTRICT.  The purpose oft this district is tot facilitate orderly development in rural areas not well served by public utilities where the primary uses ofl land are: single-family residential onl large lots, agricultural, andr rurall light commercial uses. This districtis meant to allow uses compatible with the Town' 'si rural areas while also maintaining the rural and small town character oft the (A) MR-RR, Rural Residential District. Within the MR-RR Rural Residential District, the following uses are permitted:  community.  (1) Single-family dwellings.  (2) Accessory dwelling units conforming tot the standards of $154.065(F).  (3) Duplexes. An attached, two-family dwelling. (4) Religious institutions and churches.  (5) Cemeteries on property contiguous to or adjacent tot the principal church or religious assembly building, provided (6) Signs not more than 4f feet square in area advertising thes sale or rental of property on which they are located. (7) Customary: accessory buildings, including private garages, noncommercial greenhouses and workshops.  that all plots shall be set back atl least 201 feet from any property line.  (8) Farm and produce stands. (9) Family care homes. (10) Family child care homes. (11) Childcare facilities. (12) Club orl lodge. (13) Community building. (14) Adult day care facilities.  (15) Publici facilities and public buildings associated with a governmental or public entity providing ay public service.  (16) Indoor commercial shooting range with or without onsite weapons sales.  (17) Riding stables.  (18) Parks and public recreational facilities. (19) Golf course andlor country club. (20) Camp. (21) Bed and! breakfast. (22) Incidental home occupations.  (23) Group 1 and 2 communications towers and tower activities as defined in and subject to ther requirements in SS (24) Solar panels shall be allowed as an accessory use as defined int this chapter. They shall not be allowedi in front yards except by minor special use permit as approved! byt the Board of Adjustment. Application for a special use permit shall include justification for why the panels must be placed in the front yard and show that there is no practical alternative. Solar panels shall be subject tot the setback requirements for structures in each district. Stand-alone solar panels shall be limited to 101 feet in height. Solar panels attached to buildings shall be extend more than 5f feet above the building. Stand-alone solar panels that are secondary uses to residential uses shall not be required to buffer. Stand-alone solar panels that are secondary uses to commercial uses shall be required top plant al buffer strip along side andi rear property! lines as defined in (B) Uses allowed under a major special use permit. The following uses shall be permitted, subject tot the procedures, (1) Planned residential developments, subject tot the conditions and procedures listed under $154.081. (2) Single-family residential cluster developments, subject tot the conditions and procedures listed under $154.080. (3) Medical, institutional care development, subject tot the conditions and procedures listed under $154.084. (4) Group 6 communications towers and tower activities as defined in and subject tot ther requirements in $$154.090 (5) Structured home environments, subject to the conditions and procedures listed under $154.085.  154.090 through 154.101 of Mills River Zoning Ordinance.  the: zoning definitions.  standards, and conditions listed under S 154.138 and S 154.180.  through 154.101 of Mills River Zoning Ordinance.    ATTACHMENTB  (6) Manufactured home parks, subject tot the conditions and procedures listed underChapter 151. (C) Uses allowed under a minor special use permit. The following uses shall be permitted, subject tot the procedures, (2) Machining, assembly, and service operations in an enclosed building of 7,500 sf or less of gross floor area.  standards, and conditions listed under S 154.137 and S 154.179(C). (1) Landscaping materials sales and storage. (3) Offices: business, professional, and public. (4) Kennel and animal boarding facilities. (5) Transformer and public utility stations, provided that: (a) Transformer stations.  1. The structures are placed not less than 751 feetf from any property line. 2. The structures are enclosed bya a woven-wire fence atl least 8f feet! high. 3. No vehicle or equipment is stored on the premises. 4. Therei is an evergreen planted buffer strip along the side and rear property lines. 1. The: structures are located on sufficient land tor meet all setback requirements of this chapter. 2. The stations are completely enclosed, either by al building or av wiret fence atl least 81 feet high. 3. There is an evergreen planted buffer strip alongt the side and rear property lines. (D) Dimensional, requirements nonresidential. Within the MR-RRI Rural Residential District, as shown on the Zoning Map of the Town of Mills River, the following dimensional requirements shall be met for nonresidential uses:  (b) Public utility stations.  (1) Minimum lot area: 1.5 acres. (2) Maximum building size: 7,500 square feet. (3) Maximum building height: 301 feet.  (4) Minimum front yard setback from major street: 1001 feet?. (5) Minimum front yard setback from all other streets: 601 feet. (6) Minimum rear yard setback: 30 feet. Minimum side yard setback for every principal building: 301 feet.  (E) Dimensional requirements residential. Within the MR-RR Rural Residential District, as shown ont the Zoning Map of  the Town of Mills River, the following dimensional requirements shall be met for residential uses:  (1) Minimum lot area: 1.5 acres' (3) Maximum building size: NIA. (4) Maximum building height: 401 feet.  (2) Maximum density: 1.5 acres per principal dwelling unit.  (5) Minimum front yard setback from major street: 401 feet. (6) Minimum front yard setback from all other streets: 301 feet. (7) Minimum rear yard setback: 151 feet. (F) Accessory Dwelling Unit (ADU) standards. int the MR-RR: Zoning District.  (8) Minimum side yard setback for every principal or accessory building: 15 feet.  (1) Only 1 accessory dwelling unit shall be permitted and only on al lot containing a principal single-family dwelling unit (2) The accessory dwelling unit shall not be considered a separate dwelling unit for the purpose of determining (3) The maximum: size of an accessory dwelling unit shall be 1,000 sf or 60% oft the gross floor area oft the principal (4) The accessory dwelling unit shall adhere tot the building setback requirements for principal buildings in the MR-RR  maximum residential density or minimum lot size requirements.  dwelling on the lot, whichever is less.    ATTACHMENTB  Zoning District.  (5) The accessory dwelling unit may! bel located within the same: structure as the principal dwelling unit, ori itmay be a separate structure. Ifwithint the same structure: as the principal dwelling, the accessory dwelling unit shall have a separate and distinct entrance. Ifa an accessory dwelling uniti is located in a separate structure, thef following standards shall apply: (a) The accessory: structure housing the accessory dwelling units shall be located behind the principal dwelling. (b) Vehicular access to the accessory dwelling unit shall be via the same private driveway that provides access to the (7) The use ofr manufactured homes, mobile homes, travel trailers, campers, tiny homes, park models, recreational (8) The accessory dwelling units shall not be subdivided or separated from the lot that contains the principal dwelling unit (9) The accessory dwelling units shall not be deeded andlor conveyed to separate and/or distinct ownership different (1) Whenever any MR-RRI Rural Residential District non-residential rear and/or side property line abuts upona a residential use with noi intervening street or highway or natural buffer, any! buildings or parking area used for non-residential purposes shall be screened with al buffer strip along the property line(s) as defined in S 154.007(B). (2) Ina all other cases, uses int thel MR-RR Rural Residential District shall comply with applicable landscaping and (Ord. passed 3-1-2004; Am. Ord. 00013, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00038, passed 11-21-  principal dwelling unit.  (6) One parking space shall be provided for the accessory dwelling unit. vehicles, or similar units as an accessory dwelling is prohibited.  for the property. from the principal dwelling unit. (G) Bufferands screening requirements.  screening requirements in the Town of Mills River Landscape Ordinance.  2006; Am. Ord. 2024-10, passed 6-13-2024)  Notes  This minimum! lot size: shall not apply to existing lots nor lots whichl havel been platted andi recorded with the Henderson County Register of] Deeds as ofJ July 31, 2004, nor lots which have been platted, recorded, and approved by the Town ofMills River Where the major streeti is more than 21 lanes, including parking lanes, setback requirements shall be measured and begin ata This minimum lot size shall not apply to existing residential lots nor lots whichl have been platted and recorded asi residential lots with thel Henderson County Register ofI Deeds as of July 31, 2004, nor lots whichl have been platted andi recorded as residential lots and approved byt the Town ofMills] River prior tot the effective date oft this zoning district ordinance.  priort to the effective date oft this zoning district ordinance.  point on thej pavement 12 feet from the edge oft the paved street abutting thes subject property.  NOTE:    ATTACHMENTC  Legend Mills RiverT Townl Limit MR-30 MR-GB MR-LI MR-MU MR-NC Parcels  ZONING MAP 2040 Comprehensive. Plan 613 MILLB RIVER Town of Mills River  Adopted May 27, 2021 Parcel Data: Town of Mills River Map Created. April 8, 2021  1:50,000 0.5 Miles    ATTACHMENTD  S. Mills River Rd.  Kimzey Rd. Old Turnpike Rd.  Boylston Highway (NC-280)  Turnpike Rd. Warlick Rd.  Ray Hill Rd.  Gash Rd. Brickyard Rd.  Tole Allison Rd.  Zoning Legend Rural Rezoning Area Mils River Townl Limit Low-Density Residential General Business Lighti Industrial Mixedl Use Neighborhood Commercial Parcels  RURAL REZONING MAP  Rezoning Public Hearing October 24th, 2024-6 6:301 PM Mills River Elementary School Miles 96 School House Road  61 6 MILL RIVER Town ofMills River  1:50,000 0 0.5    ATTACHMENTE  Legend Mills River Townl Limit Commerciald crossroads Community center Industriala ande employment Mixedr residential Rural agricultural  LAND USE VISION MAP 2040 Comprehensive Plan MILL8 RIVER Town of Mills River  Amended June 27,2024 Parcel Data: Town of Mills River Map Created April 8, 2021  1:50,000 0.5 Miles    ATTACHMENTE  LAND USE VISION MAP  LAND USE VISION MAP CATEGORIES  The Land Use Vision map establishes a framework for shaping future developmentpatterns int the Town ofMills River. Themap is a policy tool that is used in formulating land development regulations, making current planning decisions, and prioritizing public investments. As the Town works to approve, incentivize or discourage particular types of development in differentareas, the map will be used as a guide for decision making. The land use vision map is not a regulatory map. The zoning categories in the Code of Ordinances dictate the allowable uses and specific development regulations that apply to each development proposal. As the Code of Ordinances is maintained and updated, the underlying zoning district and other zoning ordinance regulations should align as closely as possible to the  The Land Use Vision map includes the following land use  categories. Commercial Crossroads  These areas are intended to promote retail and services in the rural area ofI Mills River that is south on Boylston Highway.  Community Center  This category is to promote a mix of uses to include commercial, residential, industrial and agricultural. Residential types can include single family and multifamily development.  Industrial and Employment  categories in the land use vision map.  These areas are intended to be reserved for non-residential, employment-onented uses. Uses will include larger operations such as gatindusywarehousing and logistics.  Mixed Residential  Single family development, low density multifamily development and negnbornood-onented uses and businesses  are encouraged in these areas. Rural Agricultural  This category emphasizes maintaining the rural character oft the community. Development will include a mix of agricultural uses, rural homesteads, low density single family development, and  low intensity employment uses.  Page 30 of32    ATTACHMENTG  LAND USES BY CATEGORY apply to each category.  Each category in the Land Use Vision has specific land uses that should be promoted, allowed or discouraged. The following priorities  Desirable  Acceptable  NotDesirable Residential  community Retail; Services Crossroads  Civicand community; Parks and Public Space; Trails and Recreation; Schools; Restaurants; Agriculture  Community Civic and Community; Parks and Services; Institutional; Agriculture  Industrial; Estate Lots  Center  Public Space; Trails and Recreation; Schools; Retail; Restaurants; Office; Duplexes; Townhomes; Apartments  Industrialand LightIndustry; Office  Heavy Industry; Utilities; Services; Residential; Civic and Community;  Employment  Trails and Recreation  Parks and Public Space; Schools; Retail; Restaurants; Agriculture  Mixed  Parks and Public Space; Trails and Civicand Community; Institutional; Industrial; Services; Apartments  Residential Recreation; Schools; Single Family Retail; Restaurants; Office;  Residential; Duplexes  Townhomes; Estate Lots; Agriculture  Rural  Parks and Public Space; Trails and Civicand Community; Schools; Single Industrial; Commercial;  Agricultural Recreation; Agriculture; Estate  Family Residential  Multifamily  Lots  Page 31 of32    ATTACHMENTH  TOWN COUNCILSTATEMENT OF CONSISTENCY WITH COMPREHENSIVE PLAN  DRAFT R-24-02  Pursuant to NCGS $160D-605(a), when adopting or rejecting any zoning text or map amendment, the governing board: shall approve a briefstatement describing whether its action is consistent or The Mills River Town Council finds that thej proposed zoning map: amendment is consistent with the following elements of the Town's Making Mills River 2040 Comprehensive Plan  inconsistent with an adopted comprehensive, plan.  and Future Land Use Vision Map.  Making Mills River 2040 Comprehensive Plan:  GOAL 1: Protect and enhance the rural and small town character ofMills River. OBIECTIVE 1.1: Managed Growth to Meet the Goals ofthe Comprehensive Plan and Provide for the Efficient Use ofLand to Accommodate New Development POLICYI 1.1.1: Manage growth and new development to meet the goals, objectives and policies ofthe Comprehensive Plan and promote quality POLICY1.1.2: Create policies and conduct other planning and community building efforts to. maintain the character and quality oflife ofl Mills River. POLICY1.1.3: Limit the types ofuses density ofresidential development and intensity of commercial development: in areas that are not desirable forgrowth and not well-served by roadway infrastructure and public utilities. OBIECTIVE 1.4: Consistent and Updated Code ofOrdinances and Zoning and Land  development.  Development Regulations.  POLICY1.4.5: Enact new and revised land development regulations within the Code of Ordinances on an as needed basis to meet the goals and objectives of  the Comprehensive Plan.  OBIECTIVE2.3: Appropriate Residential Lot Sizes and Densities.  POLICY2.3.1: Maintain regulations) forr residential. lot sizes appropriate for new single-family development in rural and nelghborhoodoritented areas for lots at  or under two acres.  Zoning Map Amendment R-24-02 Statement of Consistency Page 1 of2    ATTACHMENTH  Mills River 2040 Comprehensive Plan, Land Use Vision Map, Rural Agricultural District  Rezoning Area  LAND USE VISION MAP ZuOCmmprehensise Plan 1 A TownofMilsRiNer  Amended] June2 27,2024 ParcelData: Townc ofMills River MapCreatedA April8,2021  1.50000  Rural Agricultural  This category emphasizes maintaining the rural character of the communiy.Development will include a mix of agricultural uses, rural homesteads, low-density single-family  development, and low intensity employment uses.  Desirable Uses Parks & Public Space Trails & Recreation Agriculture Estate Lots statement.  Acceptable Uses Civic & Community Schools Single-Family Residential  Not Desirable Industrial Commercial Multifamily  On October 24, 2024, the Town Council, bya  vote, approved this consistency  Shanon Gonce, Mayor Town of Mills River  Zoning Map Amendment R-24-02 Statement of Consistency Page 2 of2    ATTACHMENTI  TOWN COUNCILSTATEMENT OF CONSISTENCY WITH COMPREHENSIVEPLAN  DRAFT R-24-02  Pursuant tol NCGS $160D-605(a), when adopting or rejecting any: zoning text ori map amendment, the governing board: shall approve a briefstatement describing whether its action is consistent or The Mills River Town Council finds that thej proposed zoning map amendment is not consistent with the following elements oft the Town's Making Mills River 2040  inconsistent with an adopted comprehensive plan.  Comprehensive Plan and Future Land Use Vision Map. Making Mills River 2040 Comprehensive Plan:  OBIECTIVE 1.6: Land Designate for Specific Uses.  POLICY1.6.2: Maintain zoning districts and associated use requirements that maintain land availability for the attraction and accommodation of  commercial and industrial uses.  OBIECTVEZ7Alowance for Housingwithin a Mix ofOther Uses.  POLICY2.7.1: Define areas where housing can be built in conjunction with  nonresidential development  OBIECTIVE 6.2:Adequate Capacity to Support) Job Development  POLICY 6.2.2: Maintain zoning categories that allow forj job-oriented uses. POLICY 6.2.3: Make adequate provision for business, formation, working and  operating small businesses in residential areas.  Zoning Map Amendment R-24-02 Statement of Consistency Page 1 of2    ATTACHMENTI  Mills River 2040 Comprehensive Plan, Land Use Vision Map, Rural Agricultural District  Rezoning Area  LAND USE VISION MAP Zu0Camprehensihe) Plan ownofMilsR River  Amended) junez 27,2024 ParcelData: Towno ofMiISR River MapCreatedA April8,2021  1:50.000  Rural Agricultural  This category emphasizes maintaining the rural character oft the community. Development will include a mix of agricultural uses, rural homesteads, low-density single-family  development, and low intensity employment uses.  Desirable Uses Parks & Public Space Trails & Recreation Agriculture Estate Lots statement.  Acceptable Uses Civic & Community Schools Single-Family Residential  Not Desirable Industrial Commercial Multifamily  On October 24, 2024, the Town Council, bya.  vote, approved this consistency  Shanon Gonce, Mayor Town of Mills River  Zoning Map Amendment R-24-02 Statement of Consistency Page 2 of2    ATTACHMENTI  TOWN COUNCILSTATEMENT OF REASONABLENESS FOR REZONING  DRAFT R-24-02  Pursuant to NCGSS $160D-605(b), when adopting or rejecting any petition for a zoning map amendment, a: statement analyzing the reasonableness oft the proposed rezoning. shall be approved by The Mills River' Town Council finds thej proposed zoning map amendment is reasonable and ini the publici interest because it is in alignment with the' Town's Making Mills River 2040 1. The size, physical conditions, and other attributes oft the area proposed tol be a. The rezoning area consists of approximately 8.5 square miles ofland in southwest Mills River, primarily along the southern Boylston Highway corridor. Due to the absence of public utilities, this is one oft thel largest remaining areas ofr rural development patterns and rural character in the b. Existing development consists of single-family homes on large lots, agricultural uses, small businesses, manufactured home parks, at tinyl home park, rural commercial uses, and vacant land. The majority ofland uses in  the governing board.  Comprehensive Plan and Future Land Use Vision Map.  rezoned.  Town.  this area of town are residential and agricultural.  2. Compatibility with comprehensive plan.  a. The rezoning is consistent with the Making Mills River 2040 Comprehensive Plan and Future Land Use Vision Map, which designates the majority ofthe rezoning area as the Rural Agricultural future land use category. This land use category identifies desirable future land uses as parks and public space, trails and recreation, agriculture, and estate lots.. Acceptable uses include civic and community, schools, and single-family residential. Not desirable uses include industrial, commercial, and multifamily residential. b. The rezoning is consistent with Goal 1; Objective 1.1, Policy 1.1.1, Policy 1.1.2, and Policy 1.1.3; Objective 1.4, Policy 1.4.5; Objective 2.3, Policy 2.3.1.  ofthe 2040 Comprehensive Plan.  3. The benefits and detriments to thel landowner, neighbors, and surrounding  community.  a. Thel benefits to the property owners and residents oft the rezoning area is this zoning change tol Rural Residential will help preserve the rural character of this section oft the Town, identified as the top goal in the comprehensive plan. Single-family development will most likely continue, but at: a lower density, more in alignment with the rural nature oft the area and thel lack of public utilities. An additional benefit is the peace of mind provided tol landowners that an incompatible land use will not be permitted adjacent to their  Rezoning Request R-24-02 Statement ofl Reasonableness Page 1of3    ATTACHMENTJ  residential or agricultural properties. It's possible that this zoning change may preserve or increase the value ofe existing residential properties, which will bej protected from potential nearbyi incompatible land uses. The Rural Residential district will also allow for accessory dwelling units, which can be b. The detriments to the property owners and residents of the rezoning areai is the new Rural Residential zoning district will drastically reduce the number of permitted land uses. This area ofl Mills River has typically been ini favor of preserving private property rights and the ability to do what you want with yourl land. The current Mixed Use zoning district respects private property rights because iti is very light on the number of zoning regulations applied and allows almost alll land uses.. A change to Rural Residential zoning may decrease the value of commercial properties and/or properties close to Boylston Highway. It's possible the Rural Residential district may limit commercial development too much int this area ofTown, which would restrict business formation and services provided toi the community.  al benefit.  4. Thei relationship between the proposed uses and the current uses of adjacent  properties.  a. Currently, the rezoning area primarily consists of single-family residential and agriculture uses. There are also some commercial uses intermixed along the Boylston Highway corridor. Some individual property owners also operate small businesses or rural accessory businesses on their residential property. There is also more vacant land in this area than other parts of the b. The proposed uses of the Rural Residential zoning district include single- family residential, accessory dwellings, religious institutions, farm and produce stands, family care homes, childcare facilities, clubs orl lodges, community buildings, riding stables, parks and public recreation facilities, golf courses and country clubs, etc. Uses allowed with a minor special use permit include some commercial uses like landscaping materials sales and storage; machining, assembly, and service operations in an enclosed building of7,500 SF orl less gross floor area; business, professional, andj public offices; kennel and animal boarding facilities; and public utility sites and infrastructure. Uses allowed under a major special use permit include planned residential developments; medical, institutional care developments; structured home environments; and manufactured home parks. a. The proposed rezoning is ini the public interest because by limiting the number ofallowed nonresidential uses and decreasing the density of single- family residential development, it is the greatest step forward inj preserving b. The proposed rezoning is in alignment with adopted Town plans and the  Town.  5. Why the rezoning is in the public interest.  the rural character of this area. future. land use map.  Rezoning Request R-24-02 Statement of] Reasonableness Page 2 of3    ATTACHMENTJ  6. Any changed conditions warranting the rezoning.  a. None known.  On October 24, 2024, the' Town Council, by a reasonableness: statement. Shanon Gonce, Mayor Town of Mills River  vote, approved this rezoning  Rezoning Request R-24-02 Statement of Reasonableness Page 3of3    ATTACHMENTK  TOWN COUNCILSTATEMENT OF REASONABLENESS FOR REZONING  DRAFT R-24-02  Pursuant to NC6S9160D-605D), when adopting or rejecting any petition) for a zoning map amendment, as statement analyzing the reasonableness of the proposed rezoning. shall be approved by The Mills River Town Council finds the proposed zoning map: amendment is not reasonable 1. The size, physical conditions, and other attributes oft the area proposed tol be a. The rezoning area consists of approximately 8.5: square miles ofl land in southwest Mills River, primarily along the southern Boylston Highway corridor. Due to the absence of public utilities, this is one oft the largest remaining areas ofrural development patterns and rural character in the b. Existing development consists ofs single-family homes on large lots, agricultural uses, small businesses, manufactured home parks, a tiny home park,rural commercial uses, and vacant land. The majority of land uses in  theg governing board.  and not ini the public interest.  rezoned.  Town.  this area oft town are residential and agricultural.  2. Compatibility with comprehensive plan.  a. The rezoning is partially consistent with the Making Mills River 2040 Comprehensive Plan and Future Land Use Vision Map, which designates the majority oft the rezoning area as thel Rural Agricultural future land use category, with a smaller area being designated the Commercial Crossroads future land use category. The Rural Agricultural land use category identifies desirable future. land uses as parks and publicspace, trails and recreation, agriculture, and estate lots. Acceptable uses include civic and community, schools, and single-family residential. Not desirable uses include industrial, commercial, and multifamily residential. The Commercial Crossroads future land use category identifies desirable future land uses as retail and services. Acceptable uses include civic and community, parks and public space, trails and recreation, schools, restaurants, and agriculture. The only listed not b. The rezoning is not consistent with Objective 1.6, Policy 1.6.2; Objective 2.7, Policy 2.7.1; and Objective 6.2, Policy 6.2.2 and Policy 6.2.3. oft the 2040  desirable use: is residential. Comprehensive Plan.  3. The benefits and detriments to thel landowner, neighbors, and surrounding  community.  a. The benefits to thej property owners and residents oft the rezoning area is this zoning change to Rural Residential will helpi preserve the rural character of  Rezoning Request R-24-02 Statement of Reasonableness Page 1 of3    ATTACHMENTI K  this section oft the Town, identified as the top goal int the comprehensive plan. Single-family development will most likely continue, buta at a lower density, more: in alignment with the rural nature of the area and the lack of public utilities. An additional benefit is the peace ofi mind provided tol landowners that an incompatible land use will not bej permitted adjacent to their residential or agricultural properties. It's possible that this zoning change may preserve or increase the value ofe existing residential properties, which will bej protected from potential nearby incompatible land uses. The Rural Residential district will also allow for accessory dwelling units, which can be b. The detriments to the property owners and residents of the rezoning area is the new Rural Residential zoning district will drastically reduce the number of permitted land uses. This area of Mills River) has typically been ini favor of preserving private property rights and the ability to do what you want with your land. The current Mixed Use: zoning district respects private property rights because it is very light on the number ofzoning regulations applied and allows almost alll land uses.. A change to Rural Residential zoning may decrease the value of commercial properties and/or properties close to Boylston Highway. It's possible the Rural Residential district may limit commercial development too much ini this area of Town, which would restrict business formation and services provided to the community.  ab benefit.  4. The relationship between the proposed uses and the current uses of adjacent  properties.  a. Currently, the rezoning area primarily consists of single-family residential and agriculture uses. There are: also some commercial uses intermixed along the Boylston Highway corridor. Some individual property owners also operate small businesses or rural accessory businesses on their residential property. There is also more vacant land in this area than other parts oft the b. The proposed uses of the Rural Residential zoning district include single- family residential, accessory dwellings, religious institutions, farm and produce stands, family care homes, childcare facilities, clubs or lodges, community buildings, riding stables, parks and public recreation facilities, golf courses and country clubs, etc. Uses allowed with: a minor special use permit include some commercial uses likel landscaping materials sales and storage; machining, assembly, and service operations in an enclosed building of7,500 SF orl less gross floor area; business, professional, and public offices; kennel and animal boarding facilities; and public utility sites and infrastructure. Uses allowed underar major special use permit include planned residential developments; medical, institutional care developments; structured home environments; and manufactured home parks.  Town.  5. Why the rezoning is in thej public interest.  Rezoning Request R-24-02 Statement ofl Reasonableness Page 2 of3    ATTACHMENTK  a. The proposed rezoning may not bei in the publici interest because it drastically limits whata a landowner can do with their property and does not b. The proposed rezoning is in alignment with adopted' Town plans and the  respect private property rights. future land use: map. a. None. known.  6.A Any changed conditions warranting the rezoning. On October 24, 2024, the Town Council, bya.  vote, approved this rezoning  reasonableness: statement. Shanon Gonce, Mayor Town of Mills River  Rezoning Request R-24-02 Statement of Reasonableness Page 30 of3    ATTACHMENTL  PLANNING BOARD STATEMENT OF CONSISTENCY  R-24-02  Pursuant to NCGS $160D-604(d), when reviewing ap proposed zoning text or map amendment;, the planning boards shall advise and comment on whether the proposed action is consistent with any comprehensive) plan. The planning board: shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate. The Town ofI Mills River Planning Board finds that the proposed text amendmenti is consistent with the following elements ofthe' Town's Making Mills River 2040 Comprehensive Plan and recommends approval oft text amendment TXT-24-02.  Making Mills River 2040Comprehensive Plan:  GOAL1:Protect: and enhance the ruraland small town character ofl Mills River: OBIECTIVE: 1.1: Managed Growth to Meet the Goalso ofthe Comprehensive Plan and Provide for the Efficient Use ofLand to Accommodate New Development POLICY1.1.1: Manage growth andi new developmenti to meet the goals, objectives and policies ofthe Comprehensive, Plan and promote quality POLICY1.1.2: Create, policies and conduct other planning and community building efforts to maintain the character and quality oflifeofMills. River. POLICY1.1.3: Limit the types ofuses; densipyofresidential development and intensity ofcommercial development in areas that are not desirable forgrowth andi not well-served by roadway infrastructure and public utilities. OBIECTIVE. 1.4: Consistent and Updated Code ofOrdinances and Zoning and Land POLICY1.4.5: Enact new and revised land developmentregulations within the Code ofOrdinances on an as needed basis to meet the goals and objectiveso of  development  Development. Regulations.  the Comprehensive Plan.  OBIRCTVR23-Apmoprare Residential. Lot Sizes and Densities.  POLICY2.3.1: Maintain regulations) for residential lot sizes appropriate fornew single-family development in rural andi neghborhodoriented areas) forl lots at  or undert two acres.  Zoning Map Amendment R-24-02 Planning Board Statement of Consistency Page1of2    ATTACHMENTL  Mills River 2040 Comprehensive Plan, Land Use Vision Map, Rural Agricultural District  Rezoning Area  Legend  LAND USE VISIONI MAP ZpADCamprahemskePon TownufMillsivet  Amendedjunez 27,2024 PurcelDala: Townu ufMillsR River MapresteiApae,2021  50,000  Rural Agricultural  This category emphasizes maintaining the rural character oft the community. Development will include ai mix ofagricultural uses, rural homesteads, low-density single-family  development, and low intensity employment uses.  Desirable Uses Parks & Public Space Trails & Recreation Agriculture Estate Lots  Acceptable Uses Civic & Community Schools Single-Family Residential  Not] Desirable Industrial Commercial Multifamily  On August 6, 2024, the Planning Board, bya a 7-0 vote, approved this consistency statement and recommended approval oft this text amendment ofthe' Town zoning  ordinance tot the Mills River Town Council. Town ofMills River Planning Board Li  Zoning Map Amendment R-24-02 Planning Board Statement of Consistency Page 2of2    ATTACHMENTM  PUBLIC NOTICE' TIMELINE  TOWN INITIATED LARGE-SCALE REZONING (R-24-02)  Pursuant: to NCGSS $160D-601-605, legislative decisions regarding zoning map amendments require review by the Planning Board and Town Council with proper public notice.  Planning Board Initiated Rezoning: Informal Council Feedback: Planning Board Meetings: Planning Board Recommendation: Council Scheduling of Public Hearing: Public Notice Signs Posted: Public Notice Letters Mailed: Regular Newspaper Advertisements: Half-Page Newspaper. Advertisements: Date ofl Public Hearing:  April 2nd, 2024 April 11th,2024  May 7th, June 4th, August 6th, 2024 Approval & Consistent with Comp. Plan September: 12th, 2024 October 7th, 2024 October 8th, 2024 October 2nd and 9th, 2024 October 16th and 23rd,2024 October 24th,2024  Planning Board Special Public Input Meeting: July 23rd, 2024  MaihaPAakuk Michael Malecek Planning Director Town ofl Mills River  Rezoning Request R-24-02 Publicl Notice' Timeline Page 1of1    ATTACHMENTI N Council Members Shanon Gonce, Mayor Jeff Young, Mayor) Pro Tem James Cantrell Chae) Davis Sandra Goode  6 11  MILL RIVERI  THE TOWN OF MILLS RIVER 124Town Center Dr. Mills River, North Carolina 28759 CERTIFICATE OF MAILING  Phone (828)890-2901 - Fax (828) 890-2903 * www.milsriver.org  Ihereby certify that on Tuesday, October 8, 2024, at true and correct copy of the foregoing notice of public hearing for the Town initiated large-scale Rural Residential rezoningo of southwest. Mills River (R-24-02), was mailed first-class postage prepaid in sealed envelopes, from the United States Postal Service Office located at 3740 Brevard Rd., Horse The Town of Mills River elected to use the optional notice requirement forl large-scale rezonings, since more than 50j properties are: included ini the rezoning area. Per G.S. 160D- 602(b) and $154.199(C) of the: zoning code, the' Town ofI Mills River used the expanded published notice process, consisting of fourl legal advertisements in the Hendersonville Lightning over the four: successive weeks leading up tot thej public hearing. The final two advertisements are: al half-page in size andi include ai rezoning map to: meet State public While the Town ofl Mills River is not required to: send public notices toj property owners via first-class mail under the expanded published notice procedure: forl large-scale rezonings, Town Council desired first-class letters still bei mailed to each property owner in the rezoning area, in addition to the expanded published notices ini thel local newspaper. This was done to provide as much information and opportunities for notice and participation in The full mailing list of properties in the rezoning area is not included here, due to the size  Shoe, NC to thej potentially affected property owners.  notice: requirements.  the rezoning publicl hearing as possible.  of thel list. However, this can bej provided lifrequested.  Dated this the 8th day of October, 202.4.  PatBanwn Patty Brown, Deputy Town Clerk    Ordinance No. 2024-16  AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF MILLS RIVER, NORTH CAROLINA IN ACCORDANCE WITH THE TOWN INITIATED LARGE-SCALE REZONING, R-24-02  WHEREAS, the Town Council for the Town of Mills River enacted the Zoning Ordinance for the Town of Mills River, effective March 1, 2004, including the Official Zoning Map for the  Town of Mills River; and,  WHEREAS, the Mills River Planning Board initiated pursuant to Chapter 154, Subchapter 154.196 of the Zoning Ordinance to amend the Official Zoning Map to rezone all real property in the south and west areas of the Town of Mills River from Mills River Mixed Use (MR-MU) to  Mills River Rural Residential (MR-RR); and,  WHEREAS, said large-scale rezoning area is described as starting at the intersection of Old Turnpike Road, School House Road, and Boylston Highway (NC-280), the rezoning boundary line runs from this intersection to the north along Old Turnpike Road, to the northwest along Kimzey Road, to the west along South Mills River Road to the western edge of the Town's jurisdiction. The rezoning boundary line then follows the Town's western jurisdictional boundary to the south along the Forge Mountain ridge until the Transylvania County line. The boundary then goes southeast along the County line, across Boylston Highway, and then goes north along the Town's southeastern jurisdictional boundary until Warlick Road. The rezoning boundary then goes west along Warlick Road, then north along Turnpike Road to the starting point at the intersection of Old Turnpike Road, School House Road, and Boylston Highway. All real property within this rezoning area boundary are to be rezoned to the new Rural Residential  zoning district; and,  WHEREAS, multiple public meetings were held by the Town of Mills River Planning Board on May 7, 2024, June 4, 2024, and August 6, 2024, and the Planning Board voted unanimously on August 6, 2024 to recommend approval of the large-scale rezoning and submitted a Statement of Consistency that rezoning R-24-02 is consistent with the Making Mills  River 2040 Comprehensive Plan and Future Land Use Vision Map.  WHEREAS, notice of the proposed rezoning has been duly published using the optional expanded published notice requirement and all subject property owners have been notified as required by Section 154.199 of the Zoning Ordinance and N.C.G.S. 160D-602; and,  WHEREAS, the Town Council held a public hearing on October 24, 2024 as required by N.C.G.S. 160D-601 to consider the large-scale rezoning, and gave the public an opportunity to  be heard.    Ordinance No. 2024-16  WHEREAS, the Town Council concur with the Planning Board's consistency findings and have approved a statement of reasonableness and a statement of consistency and briefly explained why Council considers the action taken to be reasonable and in the public interest.  NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLS THAT, the Official Zoning Map of the Town of Mills River, North Carolina hereby shall be and is amended to rezone the property identified within the following boundaries. The proposed rezoning area is defined as follows: Starting at the intersection of Old Turnpike Road, School House Road, and Boylston Highway (NC-280), the rezoning boundary line runs from this intersection to the north along Old Turnpike Road, to the northwest along Kimzey Road, to the west along South Mills River Road to the western edge of the Town's jurisdiction. The rezoning boundary line then follows the Town's western jurisdictional boundary to the south along the Forge Mountain ridge until the Transylvania County line. The boundary then goes southeast along the County line, across Boylston Highway, and then goes north along the Town's southeastern, jurisdictional boundary until Warlick Road. The rezoning boundary then goes west along Warlick Road, then north along Turnpike Road to the starting point at the intersection of Old Turnpike Road, School House Road, and Boylston Highway. All properties within this rezoning area boundary are proposed to be rezoned to the new Rural Residential zoning district. The Official Zoning Map of the Town of Mills River as amended herein shall be available in the office of the Town of Mills River from and after the effective date of this Ordinance. This ordinance and the amendment to the Official Zoning Map oft the Town of Mills River shall take effect and be in full force and effect on the date of adoption and thereafter.  RIVER:  ADOPTED AND PASSED by the Town Council of the Town of Mills River, this 24th day of  October, 2024 and becoming effective on October 25th, 2024 at 12:01 A.M.  Shanon Gonce Mayor  ATTEST:  Patty Brown, CMC, NCCMC Deputy Town Clerk  2